SUBODH KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against judgment dated May 2, 2007, rendered by learned Single Judge of High Court of Judicature at Patna in Criminal Miscellaneous No. 2790 of 2004 by which order dated January 8, 2004, passed by learned Sessions Judge, Purnia in Criminal Miscellaneous No. 13 of 2003 cancelling the bail granted to the appellant by the learned S.D.J.M., Purnia vide order dated October 19, 2002, passed in C.A. No. 1098 of 2001 with reference to the complaint filed by the respondent No. 2 for alleged commission of offence punishable under Section 498A IPC, is confirmed.

(3.) The marriage of the appellant was solemnized with the respondent No. 2 on June 22, 1989. After the marriage, the respondent No. 2 started living with the appellant at her matrimonial home. During the subsistence of the marriage, the respondent No. 2 gave birth to two daughters. It is the case of the respondent No. 2 that the appellant and his family members started subjecting her to mental and physical cruelty for bringing insufficient dowry and also because she objected to illicit relations of the appellant with his sister-in-law Asha Devi. The case of the respondent No. 2 is that not only she was subjected to physical and mental cruelty, but money was extorted from her in order to get more dowry and an attempt to kill her was made as well as her streedhan was not returned to her in spite of several demands. Under the circumstances, she filed complaint case No. 1098 of 2001 in the Court of learned Chief Metropolitan Magistrate, Purnia and prayed to convict the appellant and others for commission of offences punishable under Sections 498A, 384, 307 and 406 IPC.